County wants to cut the red tape, and that has growth foes concerned

SANTA CRUZ -- A quiet yet consequential debate is playing out in the county's Planning Department over whether to loosen building procedures across thousands of acres of mostly rural county lands.

For the first time in decades, planners are looking to address complaints about the red tape that has long stood between property owners and their residential construction endeavors, like home additions and secondary units. But a handful of environmental leaders, buoyed by some elected officials, have greeted proposals to modify the residential code with concern that the changes won't just streamline the planning process but will abet new development.

"The amendments could create thousands of new housing units in the county, in the hills," said Aldo Giacchino, chair of the Santa Cruz County chapter of the Sierra Club. That, he fears, would put added pressure on local water supplies, roads and wildlife.

The threat of legal action by the Sierra Club and concerns raised by local water agencies have put county planners on the defensive during six months of public and private discussions.

"We're not necessarily retreating," said Planning Director Tom Burns. "Our job is to find common ground and move forward."

Burns has maintained that many of the county's residential building ordinances are simply out of date, and contain redundancies and inconsistencies that need fixing. Regrettably, he said, the problems with the code have led to widespread misunderstanding.

"The word is that these rules are part of a growth-management system ... that we make it so hard that people just give up," he said. "But a lot of people don't give up and ... and build illegally."

A simpler planning process, Burns said, will improve the public's perception, and ultimately prompt compliance and more responsible development.

A final plan to change the residential zoning code, as it pertains to unincorporated areas of the county, will be presented to the Board of Supervisors next week.

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Aptos resident Richard Zscheile will be one of the first to welcome changes.

"The number of checks and balances at the Planning Department has become so ridiculous," he said, noting that he's seen thousands of dollars wasted on fees for review. "And people wonder why housing costs so much around here."

The Architects Association of Santa Cruz County has been carrying the torch for fed-up homeowners and, in recent months, joined the push for simpler planning procedures.

"It doesn't mean rewriting the rules," said Santa Cruz architect Hugh David Carter, who serves as the association's president. "It means when we make people jump through hoops let's make sure those hoops benefit the community."

Critics of the changes, however, say many of the proposed amendments are not simply "hoops" but outright avenues for development. While most of the proposals, when isolated, seem innocuous, critics say when taken cumulatively they are not.

"These changes will allow systematically increased density in both rural and semi-rural areas," said Kevin Collins with the Lompico Watershed Conservancy.

Critics say among the two dozen or so changes proposed, many would have at least some effect in inducing residential growth, including:

• Lowering the level of scrutiny, such as requiring fewer public hearings, for some building proposals, like those for detached bedrooms and art studios.

• Eliminating requirements, under certain circumstances, that a property owner live on site when a second unit is built.

Underlying the opposition to the code changes are fears that secondary structures would become more prevalent under the new rules and so too would illegally converting them into residences, an already common practice that can strain water supplies and septic systems.

"If we are going to loosen things up, how are we going to enforce [the changes] and make sure people aren't taking advantage?" Supervisor Mark Stone said.

Stone said he supports a simpler residential code, but wants to make sure unsanctioned development can't slip through.

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In a letter from San Francisco-based Law Offices of Thomas N. Lippe, dated Nov. 29, the Sierra Club maintains that the county, by law, must do more review of environmental impacts that would result from changes to residential code.

The Soquel Creek Water District, San Lorenzo Water District and the Central Water District have written letters to the county encouraging similar analysis.

County planners acknowledge they can't know all the consequences of the proposed changes but insist the impacts will be minimal.

In response to the scrutiny, though, the Planning Department's proposals have been revised at least three times since last summer. Many amendments that would have further eased the residential code, like allowing toilets in more secondary units and increasing the allowable size of certain accessory dwellings, have been removed, pending further review.

"The question is, 'How good is this revision?' " said Giacchino of the Sierra Club. "We haven't reached a conclusion yet."

What it means

The county's Planning Department is seeking to reform residential building codes in unincorporated areas of the county. The department wants to make things easier on property owners who wish to proceed with minor projects, like accessory structures and secondary units. The county Board of Supervisors will consider whether to approve the changes at its meeting Tuesday. The changes will be discussed at 1:30 p.m. at 701 Ocean St., Santa Cruz. To review the proposed changes, visit www.co.santa-cruz.ca.us, then click on 'Agendas and Minutes' and scroll to item #67.